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RCMP created situation where failure of member was more likely than success

Constable was member of RCMP for eight years. In 2009, constable was temporarily unable to perform usual duties due to surgery on wrist. Constable had several meetings with superiors about unsatisfactory performance and performance management procedure was put in place. Supervisor recommended that constable be paired with both experienced officer and mentor. Private and confidential information concerning constable was shared prior to assessment, including disciplinary measures. Supervisor recommended dismissal and constable unsuccessfully appealed. On appeal, commissioner of RCMP held hearing and ordered dismissal of constable on ground of unfitness, finding that it must show deference to decision of supervisors and evaluators. Constable brought application for judicial review. Application granted. Commissioner deprived constable of right to impartial decision-maker. There was duty to make independent assessment of evidence to determine whether constable demonstrated unfitness and commissioner’s statement that it must show deference to supervisor had effect of biasing constable’s position and creating situation of reasonable apprehension of bias. Commissioner’s decision with respect to disclosure of private information was unreasonable. RCMP created situation where failure of member was more likely than success.

Ménard c. Canada (Procureur général) (2018), 2018 CarswellNat 8322, 2018 CF 1260, B. Richard Bell J. (F.C.).

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